September 26, 2023
ShareKelley Kronenberg Receives Full Defense Verdict Following 3-Day Jury Trial
In a highly contested legal battle, Kelley Kronenberg Partners, Alan Swindoll and Charles Prior, with the assistance of Casey Mullin, achieved a significant victory following a three-day jury trial in Palm Beach County. The Honorable Senior Judge Richard L. Oftedal of the Fifteenth Judicial Circuit Court presided over the proceedings.
The case revolved around a claim stemming from Hurricane Irma in September 2017. However, the case’s complexity arose from a substantial delay in reporting the claim, which occurred over 1,000 days (about 2 and a half years) after the alleged date of loss. Discrepancies also emerged regarding the initial report date, with conflicting accounts ranging from 2018 to 2020.
During the trial, our First-Party Property Insurance Defense Team, under the leadership of Charles Prior and Alan Swindoll, presented compelling evidence. Testimonies from various parties illuminated the intricacies of the case. The insurer contended that they only received the claim officially in June 2020, long after repairs had been completed.
Following the presentation of evidence, the jury delivered a decisive victory for our client. They determined that Plaintiff failed to meet the burden of proof regarding whether the loss occurred during the policy period. Consequently, the jury did not specifically address questions regarding prejudice or the alleged amount of damages. This comprehensive defense verdict underscored the vital importance of adhering to policy requirements regarding prompt reporting, record keeping, and preserving property for inspection before initiating repairs.
Kelley Kronenberg’s First-Party Property Insurance Defense Team demonstrated exceptional trial expertise and litigation skill in this recent courtroom battle. Despite having a victory in hand, our Team is not about to rest. In further pursuit of justice for our client, the Team will now pursue attorneys’ fees and costs as per a proposal for settlement that had expired over two years ago.